Text Of Law Research Articles

The Impact of International Commercial Customs (Lex Mercatoria) on International Commercial Arbitration

Lex Mercatoria play a crucial role in resolving disputes arising from international trade contracts before arbitration bodies, thus establishing them as an independent legal system capable of regulating international commercial relations. This legal characteristic imposes a certain obligation on various arbitration bodies to apply them to the disputes brought before them, either based on the parties' intentions or based on the legal force inherent in those customs. Consequently, this research examines the extent of recognition of the binding force of commercial customs before arbitration bodies, and based on that, it elucidates the authority of these bodies in applying them to international trade disputes. It is evident that these customs, due to their flexibility derived from the nature of commercial transactions and the customary practices of traders resorting to them, have become today an independent legal system that imposes itself on arbitration bodies even if the parties did not choose to apply those customs. This paper recommends the Jordanian legislator to explicitly adopt the application of these commercial customs in the Jordanian Arbitration Law texts, following the example of national and international comparative legislation.

Legal Implications Arising from the Stage of Negotiation through Electronic Means

This research aimed at investigating the legal implications arising from the stage of negotiation via electronic means. It specifically aimed to highlight the obligations associated with negotiation stage. Moreover, it ventured to identify the consequences of breaching the obligations agreed upon in this stage. The descriptive analytical method was used and the findings reflected that the stage of negotiation via electronic means leads to the conclusion of the contract. Furthermore, breach of these obligations requires compensation by the person causing the damage. It was also found that the Jordanian legislator did not address the electronic negotiation process in e-commerce transactions. Rather, the legislator regulated it in general by Law No. 85 of 2001, replaced by Law No. 15 of 2015. The study recommends that the Jordanian legislator include legal texts in the Electronic Business Transactions Law, so as to address the electronic negotiation stage.

The objective side of the criminally punishable violation of legislation on plant protection

The article is devoted to the study of the elements of the objective side of the composition of a criminal misdemeanor, provided for in Art. 247 of the Criminal Code of Ukraine “Violation of legislation on plant protection”. The foreign experience of criminal protection of flora is partially highlighted. It has been established that within the framework of several criminal law prohibitions, in which damage to objects of plant life appears as one of the alternative consequences of encroachment on various spheres (elements) of the environment, the Criminal Code of the Federal Republic of Germany embodies a different from Art. 247 of the Criminal Code of Ukraine approach toward an end-to-end regime for the protection of plant life, which is a manifestation of law-making authenticity. It has been established that a similar approach was reflected in the project of the new Criminal Code of Ukraine. The content of the blanket disposition of Art. 247 of the Criminal Code of Ukraine is detailed; acts of regulatory legislation are listed, on which the law enforcement officer must rely when incriminating this criminal law prohibition; actions that can be regarded as a corresponding socially dangerous action – violation of the legislation on plant protection are specified. Based on the results of the analysis of the text of the criminal law and the limited practice of the corresponding law enforcement, both the justification of the construction of the disposition of the researched prohibition according to the blanket type, and the generally practical problem absence of its proper specification in the way of referring to a number of acts of regulatory legislation have been proven. Considerations regarding the content of severe consequences as an element of the objective side of the composition of the analyzed criminal offense against the environment have been expressed. The expediency of the existing legislative approach has been pointed out, according to which the delimitation of the composition of the criminal offense provided for in Art. 247 of the Criminal Code of Ukraine, from the composition of related administrative offenses has been carried out on the grounds of socially dangerous consequences. It has been established that Art. 247 of the Criminal Code of Ukraine remains among the “dead” prohibitions, the reasons for which must be clarified by criminological science. The opinion has been expressed that the problem of the inevitability of the criminal law response to the most dangerous violations of the legislation on plant protection lies not in the legislative, but in the law-enforcement sphere.

Differentiation of responsibility for crimes against the person: evolution in Russian criminal legislation

The subject of the study is to consider the issues of the evolution of Russian criminal legislation in terms of the differentiation of responsibility for crimes against the person. As the materials of the study, criminal law monuments of national history were selected, in the content of which the differentiation of responsibility for crimes against the person was carried out. The article presents a historical and legal review of the main sources of criminal law of the X-XX centuries in terms of the approach reflected in them to the differentiation of responsibility for crimes against the person and analyzes the formation of an appropriate mechanism of criminal law protection. Using the example of the monuments of Russian criminal law of the X–XX centuries, the features of the construction of qualified and privileged elements of crimes against the person, the ways of their construction and presentation in the text of the criminal law are considered. To conduct an objective and comprehensive review of the chosen topic, the article used such general scientific and private scientific methods as analysis, generalization, historical, formal legal, comparative legal. The novelty of the study lies in the fact that, taking into account the retrospective approach, the historical experience of the formation of the institution of differentiation of criminal liability for attacks on life, health, freedom, honor, dignity and other protected values is traced and the process of consistent regulatory and legal registration of differentiating criminal liability features is reflected. In conclusion, the author concludes that the process of constructing differentiating criminal liability features dates back to the legislation of Ancient Russia, and their subsequent regulation maintained a certain continuity throughout the development of Russian criminal legislation. The differentiation of responsibility, despite its long history, currently remains the main method of criminal law policy, the application of which, including to the crimes under consideration, requires further reflection and improvement.

The legal regulation of the crime of enforced disappearance in Iraqi law

Iraq occupies an advanced position in the list of countries that suffer from widespread cases of enforced disappearance, but its penal legislation is still devoid of punishment for the crime of enforced disappearance, despite the fact that it is one of the first countries to accede to the International Convention for the Protection of All Persons from Enforced Disappearance of 2006 based on Act No. (17) of 2010 which raises the question of how criminal accountability for the perpetrators is based on national legislation, especially the Penal Code No. (111) of 1969 and the Iraqi Supreme Criminal Court Act No. (10) of 2005. To exclude the legislative shortcomings in the punitive legislation regarding the criminalization and punishment of enforced disappearance, the efforts of the Iraqi legislator in recent years have culminated in the introduction of the draft law against enforced disappearance of 2018, as well as the draft penal code of 2021, which constitutes a significant step towards Iraq’s fulfillment of its international obligations stemming from the international convention For the Protection of All Persons from Enforced Disappearance of 2006. The research is devoted to studying Penal Code No. (111) of 1969 and the Iraqi Supreme Criminal Court Act No. 10 of 2005 to examine the possibility of their application to cases of enforced disappearance. It also includes an explanation of the mechanisms for the enforcement of international conventions, especially the International Convention for the Protection of All Persons from Enforced Disappearance of 2006, in Iraqi legislation, as well as an analysis of the texts of the draft law against enforced disappearance of 2018 and the draft Penal Code of 2021 to present appropriate recommendations regarding the criminalization and punishment of enforced disappearance in them.

How do I know this Law corpus is reliable and valid? Using a representativeness argument for corpus validation

Corpus findings are only useful if the corpus adequately represents the content and language of the target domain; yet few studies evaluate or report representativeness. This paper argues that corpus linguists should focus explicitly on the validation process. It introduces the innovative concept of a Representativeness Argument, which is an explicit statement of reliability and validity to enable defensible applications of a corpus for a specifically defined purpose and audience. Adapted from Toulmin's (1958/2003) argument model, its originality lies in its attention to both target domain and linguistic representativeness, and in the critical role played by expert judgements. To illustrate this approach, I present a representativeness argument for the 1.98-million-word ‘DSVC-IL’ corpus, which was compiled to investigate the discipline-specific vocabulary required for reading postgraduate International Law texts. The corpus is demonstrated to adequately represent target domain content, established by analysing modules and reading lists, and confirmed by experts. The language is shown to adequately reflect the domain through analysis of a 1026-flemma Single Word List, extracted using measures of frequency, keyness, range and evenness of distribution. List items are evenly-distributed in randomly-split corpus halves (rs=.98, p<.00). The list provides similar coverage of the DSVC-IL (26.37%) and other texts from the domain (23.87%). Moreover, Law experts confirmed the majority of list items were Law words. Together, the evidence supports the usefulness of the corpus and list for its explicitly defined purpose.

LINGUISTIC ERRORS IN LEGAL TEXTS

The language of the law encompasses lexical, syntactic, and stylistic elements that shape the text of a law or other normative legal act. Requirements for the language of the law are considered during the drafting of a bill. However, in the process of legislative work, complete elimination of linguistic errors from the text is not always achievable. Such errors often include lexical and stylistic inaccuracies. The subject of the article is certain legal texts analyzed from a linguistic standpoint as part of fundamental and applied research on the topic "Monitoring Compliance with Content and Style Requirements in the Laws of the Republic of Kazakhstan." The relevance of the article lies in identifying and rectifying errors in the text of current legislation, determining gaps that lead to a distortion of the meaning of the main legal norms, and exploring ways to prevent such distortions. The author presents specific examples of typical linguistic errors of lexical, grammatical, and stylistic nature, as well as others found in the texts of current legislation. An analysis is conducted of regulatory proposals and legal norms to assess their conformity with the norms and rules of modern Kazakh literary language. While examining the texts of current laws, the author believes it is necessary to conduct comprehensive monitoring of current legislation to ensure high-quality content of legal acts; to develop a compendium of rules for the use of legal terminology to standardize terms; to create conditions for the development of research on legal technology across various legal domains; and to introduce into the educational process of universities the study of relevant legal and linguistic disciplines such as "Language and Law" and "Legislative Technique" in the form of courses or specialized courses.

LINGUISTIC ERRORS IN LEGAL TEXTSNurkiz Arysbekovna Nurbayeva

The language of the law encompasses lexical, syntactic, and stylistic elements that shape the text of a law or other normative legal act. Requirements for the language of the law are considered during the drafting of a bill. However, in the process of legislative work, complete elimination of linguistic errors from the text is not always achievable. Such errors often include lexical and stylistic inaccuracies. The subject of the article is certain legal texts analyzed from a linguistic standpoint as part of fundamental and applied research on the topic "Monitoring Compliance with Content and Style Requirements in the Laws of the Republic of Kazakhstan." The relevance of the article lies in identifying and rectifying errors in the text of current legislation, determining gaps that lead to a distortion of the meaning of the main legal norms, and exploring ways to prevent such distortions. The author presents specific examples of typical linguistic errors of lexical, grammatical, and stylistic nature, as well as others found in the texts of current legislation. An analysis is conducted of regulatory proposals and legal norms to assess their conformity with the norms and rules of modern Kazakh literary language. While examining the texts of current laws, the author believes it is necessary to conduct comprehensive monitoring of current legislation to ensure high-quality content of legal acts; to develop a compendium of rules for the use of legal terminology to standardize terms; to create conditions for the development of research on legal technology across various legal domains; and to introduce into the educational process of universities the study of relevant legal and linguistic disciplines such as "Language and Law" and "Legislative Technique" in the form of courses or specialized courses.

Possessory Remedies in Late Medieval Frisian Law Texts

Abstract This contribution examines possessory protection in Frisian law texts from the late Middle Ages. These sources show that such protection was an old and fundamental principle. The jurists associated it with the possessory remedies of learned law, i.e., the Roman law interdicts and the canon law actio spolii. In the fifteenth century a certain preference for the latter remedy emerged. There is no trace of French remedies, such as maintenue and complainte, which at the same time were received in other parts of the Low Countries. Compared to the late medieval law texts, early modern law in Friesland was less hybrid. The Roman law of interdicts was predominant. A strong Romanisation must have taken place, while the influence of canon law had ceased.

New Non-legal Sources of Thet Autentica Riocht and Other Old Frisian Law Texts

Abstract This article identifies new Latin sources and new Latin and vernacular analogues for noteworthy non-legal passages in late Old Frisian law texts. Several items in Thet Autentica Riocht from Codex Unia and the related “Autentica-Sammlung” preserved in Codex Aysma are shown to descend from Insular catechetical triads (including a triad popularized by Alcuin) that were also adapted by the authors of Old English and Old Norse homilies. Other passages in the Autentica collections can be traced to the works of Gregory and Isidore (likely via a florilegium like the Liber scintillarum), to popular twelfth- and thirteenth-century theological texts like the Stella clericorum and Peter Cantor’s Verbum adbreviatum, and to the Disticha Catonis. Meanwhile, a late, variant conclusion to The Seventeen Statutes is shown to utilize an inexpressibility motif derived from the apocryphal Visio Sancti Pauli that is deployed in similar ways in Old English and Old Norse texts. The identification of these sources and analogues has significant implications for the textual criticism of the Old Frisian works and can also help improve our understanding of their relationship to other medieval European vernacular religious traditions.

VI. The colonate in the west of Europe after ca. 500 AD

Summary The colonate as it was established under Diocletian depended on the credit an estate owner provided to a farmer. The latter had to provide at any moment services instead of interest and consequently had to reside in or near the estate. If the credit was used for the poll tax and the credit agreement was inserted into the census of the estate, the colonate in its public law form was created. It involved also a change in the status of the colonus. The subservience to the estate owner made his status into one of a subjected status which passed on to the offspring. In the east abolition of the poll tax implied the lifting of the colonate. In the west, in provinces of the former West-Roman Empire, we see in the sixth century a colonate which is hereditary but which has to all appearances no connection with the poll tax, if that still existed. It seems that a group of law texts which only deal with the descent of coloni was interpreted as standing on their own, not connected with taxation. In this way, it is submitted, the colonate shed its fiscal component and became a category of mere personal law.

A Nova Lei de Licitações e Contratos: as perspectivas dos Tribunais de Contas do Nordeste

Purchases in public administration follow legal procedures, and managers need to be aware of the financial and budgetary aspects and the requirements of the New Law on Bidding and Contracts. Law nº 14.133/2021 is currently being adapted, and the Courts of Auditors are responsible for overseeing the use of public funds by governments. In this context, this study aims to describe the main topics discussed in the Court of Auditors of the states of the Brazilian Northeast regarding the New Law on Bidding and Contracts. The documentary, descriptive, predominantly qualitative research, with data from the period 2021 to 2023, was carried out based on official materials obtained from the transparency website of the courts of audit. For the proposed analysis, in light of the text of the new law, the courts' perspectives were grouped into seven central and related themes (categories): governance, planning, training, innovative Information and Communication Technology (ICT) solutions, risk plan, sustainability and compliance. Based on the highest average occurrences of the categories surveyed, the results indicated that the Courts of Audit of Rio Grande do Norte and Bahia had the best performances in perspectives on the central points of the new law on bidding and contracts. In addition, the categories of planning, training and risk plan were the most discussed by the courts in the Northeast of Brazil, while the topic of sustainability, despite its relevance, was little addressed by the courts in the period analyzed.

The Peculiarity of Civil Liability for Errors of Artificial Intelligence in the Banking Sector under Omani Legislation

Objective: This study aims to highlight the issues of civil liability resulting from errors in AI banking applications. To date, there is ambiguity about whether it is possible to grant virtual legal personality to AI systems. Methodology: The researcher used the analytical method to understand the mechanisms of AI applied in banking operations, assess the effectiveness of these applications, and analyze the legal texts. Additionally, the inductive method was employed to fit the uses of AI in the banking sector. Results: The main findings of the study can be summarized as follows: The possibility of assigning civil liability to AI entities for errors they commit is applicable only in one case, which is when the AI banking system is the tool causing the damage. Conclusion: The study concludes that there is a need to amend certain legal texts in the Transactions Law. The study suggests that the Omani Civil Transactions Law of 2013 should be updated to align with the nature of AI in banking. This includes developing general legal rules related to the responsibility of employers for the actions of their employees and the custody of objects, ensuring they fit the specific errors of AI in banking. The study also provides some recommendations and proposals regarding the particularities of civil liability in the field of AI banking.

Law in the Buddhist Tradition in Ancient Indian Society

The Vinaya pitaka is the sacred literature of the Buddhists which contains the regulations for the outward life of the members of the Buddhist samgha - nearly the oldest, and probably the most influential, of all fraternities of monks. Unlike the primarily prescriptive Brahmanical law codes, the vinayas contain narrative portions, commentaries, and casuistries, albeit to different degree. 1Law in the Vinaya texts highlighted as - 1) a body of rules considered binding on a particular political or social unit, and the principle of justice underlying in it. 2) A code or canons of such rules. 3) Institutions and practices for the creation and application of such rules and for of disputes. 4) laws also include such other practices such as the social customs, practices and rules that constitute a form of social control for the maintenance of the groups. 5) Social manners, customary practices etiquette and general behaviors regulating silence, speech, interaction. The set of canonical law texts containing rules, descriptions, case studies, definitions, and punishments and some ancillary material that was used to regulate the samgha. 2The paper explores on how the laws were evolved, the process of making law, the need to make laws? How it regulated? The notion of society during the evolution of law? And in the society how the Buddhist tradition different or similar to the other traditions which existed in during the period? What were the political and economic conditions? Internal relations within the samgha? Law relates to Bhikkhus and law relates to Bhikkhunîs? The relation between laity and renouncers?

Systematization of Ukrainian customary law: historical-legal aspect

The article is devoted to the historical-legal issues of research the systematization of the Ukrainian people's customary law. It was found that the systematization of customary law is a type of systematization of law and can be carried out both by incorporation and codification. Legal customs were recorded and placed in a collection in case of their incorporation. Instead, during codification, customary norms were adapted to the requirements of the form, structure and content of the legislative text. In contrast to simple written fixation, in the course of codification, the legislator had the opportunity to change, narrow or supplement the content of the norm of customary law. Customary law as a codification material played an important role in the process of formation legislation on Ukrainian lands. Norms of customary origin are present both in monuments of Ukrainian law and in low-known acts of local authorities. Based on the existing legal customs in society, the legislators intended to create a law that corresponded to the reality of that time. By studying the texts of ancient laws, there is an opportunity to discover the content of legal customs that were in effect before their adoption. On the other hand, the identification of provisions of the law, which have a customary origin, with legal customs is incorrect and does not correspond to the nature of this phenomenon. Legal customs, which were codified, were transformed into legislative prescriptions. The historical-legal research of the systematization of Ukrainian customary law has a number of problems. First, it is difficult to determine in which case the transformation of a norm of customary law into a provision of the law took place, and in which case - a record in the law book. After all, in ancient times, laws often resembled such law books or were de facto them, had a casuistic and fragmentary character. Secondly, it is sometimes impossible to prove that the corresponding provision of the legislation had a customary origin. Even if this is possible, there are difficulties in proving that this is a norm of the customary law of the Ukrainian people, and not of another nation. As we know, the legal customs of neighboring (and sometimes distant) peoples are often similar or even identical.

Paying Attention to Privileges: Comparison of the Special Laws of Yogyakarta and Aceh from a Legal and Constitutional Perspective

&lt;em&gt;This research aims to take an in-depth approach to examine the comparison between the implementation of the Yogyakarta and Aceh Special Laws from a Legal and Constitutional Perspective. The main focus is on implementing the two laws and how the unique aspects contained therein are reflected in practice. The research method used is comparative law as the primary basis, focusing on the Special Laws of Yogyakarta and Aceh in the Legal and Constitutional Perspective. Research data was obtained through a comprehensive literature study and analysis of relevant legal documents, including the texts of laws, government regulations and court decisions relating to the two provinces. After collecting the data, an analytical approach uses the legal and constitutional framework as a guide. The research results show that this comparison involves research into the history of the formation and legislative background of the Special Laws, the particular scope provided, and the implementation mechanisms stipulated by the two laws. Through this approach, this article provides a deeper understanding of the dynamics of law and regional autonomy in Indonesia, as well as the contribution of these two legal instruments in supporting local identity and wisdom within the framework of a unitary state.&lt;/em&gt;

Preparing Special Educators and School Principals in Special Education Law: An Undervalued Area of Professional Training?

Although special education legal knowledge is central to educating students with disabilities, how two critical school professionals—special educators and school principals—garner such knowledge is unclear. This study identified gaps in the professional training for special educators and school principals by examining professional standards and common textbooks. After identifying 32 special education legal concepts, we used content analysis to determine the extent to which each concept was mentioned in professional standards and preservice textbooks (five in special education, six in principal preparation, and four in school law). Compared with special education textbooks (in which 68%–84% of special education legal concepts were mentioned), preservice principals received less information on special education law in their general textbooks (3%–13% of concepts mentioned), although gaps narrowed when examining school law textbooks (63%–81%). Special education and school law texts consistently included concepts related to the six pillars of the Individuals with Disabilities Education Improvement Act (IDEA), as well as more specific concepts, such as discipline/behavior and related services. Rarely mentioned concepts were extended school year, resolution meetings, and compensatory services. We discuss training, research, and policy implications.

Tapping on Collective National Trauma

Tapping on Collective National Trauma

Sentencing Corporate Defendants: A Comparative Study among Kuwaiti and Britain Law

This study began with the hypothesis that British law has an advantage in regulation over Kuwaiti law regarding penalties related to companies or legal persons. This study raised several questions regarding several penalties and measures (fines, compensation orders, corrective orders, restitution orders, publication orders, Judicial rulings, submitting periodic financial reports, and dismissing company directors). To answer its questions, this study used the analytical approach by analyzing the texts of British law and how they are applied before the courts. The study compared that with the texts currently existing in the Kuwaiti legal system and the extent to which the penalties found in British law can be applied. In the State of Kuwait. Indeed, it became clear from this study that there is an advantage, but it is partial. This study found that there are penalties regulated by the British legislator that the Kuwaiti legislator did not know about, and there are penalties regulated by the British legislator in a more detailed and deeper manner than Kuwaiti law in a manner consistent with the nature of the legal person (companies). Finally, the study concluded that the Kuwaiti legislator should benefit from the experience of the British legislator about criminal corporate penalties.

Voluntary compensation for harm or elimination of damage caused as a circumstance that mitigates the punishment: on the question of scope

The article is devoted to the study of one of the mitigating circumstances provided for in Point 2 of Part 1 of Article 66 of the Criminal Code of Ukraine, – voluntary compensation for harm or elimination of damage caused. It is noted that many issues related to this circumstance have been researched by scholars and generally accepted positions have been formulated regarding them. at the same time, the question of the amount of compensation for the harm caused or elimination of the damage caused is ambiguous, since it is not clear whether their partial compensation or elimination is allowed, or, on the contrary, only full compensation or elimination is required. The author, applying different ways of interpreting the text of the criminal law, presented a number of arguments in favor of the fact that such compensation or elimination should only be full, otherwise they cannot be taken into account as a circumstance mitigating the punishment. The opinion is provided that if it is assumed that partial compensation for the harm caused or elimination of the damage caused is as well allowed, then this will lead to problems in law enforcement, since it is impossible to justify compensation or elimination of which part of the harm or damage can be considered sufficient to mitigate the punishment. Another question arises in the context of the provisions of Part 2 of Article 66 of the Criminal Code of Ukraine on the ground of inexhaustibility of the list of mitigating circumstances, in particular, can partial compensation for the harm or elimination of the damage be taken into account as a mitigating circumstance? A negative answer is offered to this question, because it is stated that Part 2 of Article 66 of the Criminal Code of Ukraine refers to circumstances mitigating punishment other than those already provided for by the criminal law. Therefore, the recognition of partial compensation for the harm caused or elimination of the damage caused as a mitigating circumstance will nullify the significance of the circumstance provided for in Point 2 of Part 1 of Article 66 of the Criminal Code of Ukraine, and in general will create prerequisites for a too broad interpretation of other circumstances provided for by law.